Mortgage origination fraud and the global economic crisis

Research Summary The study outlined in this article analyzed the responses of 23 subjects previously and currently employed in the subprime lending industry to understand the implications and role of white-collar crime in the contemporary subprime mortgage crisis and to document the rationalizations that offenders use to explain their involvement in mortgage-related crimes. The subjects represented five sectors of the primary mortgage market, including brokerage, lender, escrow, title, and appraisal offices. Secondary sources of data for the study included media accounts, government reports, and industry studies. The research findings detail accounts of mortgage frauds in the subprime lending industry that resulted from inadequate regulation, the indiscriminate use of alternative loan products, and the lack of accountability in the industry. Policy Implications The study results suggest that the problem of mortgage origination fraud would be prevented best by major reform of financial policies and lending practices that characterize the subprime mortgage industry. Several broad recommendations are proposed in this article that highlight the need to recognize the potential for insider fraud, to enhance government regulation and oversight, to tighten loan qualification requirements, and to increase standards of underwriting. Observations are offered concerning the need to highlight white-collar crime in understanding the global financial crisis and to preventing future debacles.     

Studying the correlates of fraud victimization and reporting

Little is known about the correlates of white-collar victimization, and even less is known about white-collar crime reporting. In this article, the extent to which predictors of fraud victimization are the same as the predictors of fraud reporting is examined. Using a national sample of fraud victims, these findings were consistent with prior research in that involvement in risky behaviors and age were found to be important predictors of fraud victimization. Additionally, the specific factors that are influential in predicting fraud victimization appear to vary across offense type. Unfortunately, little was revealed regarding the predictors of the official reporting of fraud victimizations. Future research needs to further unravel the importance of risky behavior in both victimization and reporting, as well as to focus on a broader array of white-collar crimes.     

Do perceptions of punishment vary between white-collar and street crimes?

Much has been learned about the relationship between sanction threat perceptions and criminal activity, yet little remains known about the factors that are associated with sanction threat perceptions. Moreover, because most researchers had studied deterrence within the context of street crime, even less is known about the factors that relate to sanction threat perceptions for white-collar crime. This study used data from a national probability sample to examine whether the determinants of perceived sanction certainty and severity for street crime were different from white-collar crime. Using robbery and fraud as two exemplars, the findings indicated that while public perceptions of sanction certainty and severity suggested that street criminals were more likely to be caught and be sentenced to more severe sanctions than white-collar criminals, respondent's perceptions of which type of crime should be more severely punished indicated that both robbery and fraud were equally likely to be perceived ‘on par.’ Additional results indicated that the correlates of certainty and severity were more similar than different, but that the results differed according to whether respondents were asked about the punishment that white-collar offenders were likely to receive as opposed to what they should receive.     

ON THE CAUSES OF "WHITE-COLLAR" CRIME: AN ASSESSMENT OF HIRSCHI AND GOTTFREDSON'S CLAIMS

This article assesses Hirschi and Gottfredson claims about patterns and explanations of White-collar crime. It points out several flaws in their analysis and shows (1) that the UCR offense categories of fraud and forgery are not appropriate indicators of white-collar or occupational crime because the typical arrestee in these categories committed a nonoccupational crime; (2) that the demographic distribution (age, sex, race) of these "white-collar" crimes is not the same as it is for most ordinary crimes; and (3) that the occurrence of these "white-collar" crimes is not relatively rare. The implications of the findings for research and theory on crime are also discussed.     

Gender and “Other People's Money”: An Analysis of White-Collar Offender Sentencing

Although the female share of white-collar crime arrests (e.g., fraud, forgery, and embezzlement) continues to increase, little is known about the nature of women's involvement in these offenses, or the extent to which the legal treatment of white-collar offenders differs by gender. Using national survey data on employee crime, the present research addresses these voids in the literature. Consistent with prior research, women's roles in fraud offending are restricted by their positions in the organizational hierarchy. In support of the focal concerns perspective, results show that the decision to incarcerate and length of sentence are primarily shaped by indicators of offender blameworthiness. Findings reported here contribute to the literature on gender and white-collar crime, and also extend the growing body of focal concerns research to a previously unexplored sentencing context.     

The effect of social support on fraud victims' reporting behavior: A research note

Little effort has been made to understand white-collar crime victims, and little is known about the factors that influence reporting behavior among these victims. In this paper we use the concept of social support to explain responses to fraud, one form of white-collar crime. Results show that social support in the form of information from others influences whether fraud victims report their victimizations. Fraud victims' responses parallel those of street crime victims in that both types of victims respond according to the direction of social support they receive from family and friends.     

“Scholarly influence” and white-collar crime scholarship

This article explores many of the factors that play a role in the relative lack of scholarly influence of criminology and criminal justice professionals who focus on studying white-collar and corporate crime. The latest studies of “scholarly influence” in criminology and criminal justice journals and textbooks based on citation analyses confirm the absence of scholars who study white-collar and corporate crime. The sparse inclusion of white-collar and corporate crime topics in criminology and criminal justice curriculum in academic programs also indicate that the area is considered by many as a subfield rather than a mainstream component of academic criminology. Whether or not this status will change remains to be seen, but, on a positive note, there are a few encouraging signs that scholarly influence in the field will include more white-collar criminologists in the future.     

Public perceptions of white-collar crime and punishment

Although financial losses from white-collar crime continue to exceed those of street crime, the criminal justice system has traditionally focused on the latter. Past research suggested that citizens are more likely to support punitive sanctions for street offenders than white-collar offenders. Recent corporate scandals have increased public awareness of white-collar crime, but whether public attitudes have been altered remains to be determined. Using a 2005 national sample of 402 telephone survey participants, the current study examined citizen perceptions of white-collar and street crime, as well as attitudes regarding apprehension and punishment. This research extended prior studies by also considering the influence of sociodemographic characteristics as well as perceptions of white-collar crime and punishment on the public's support for increasing resource allocation. Implications for future research and development of more effective white-collar crime control policy are discussed.     

Introduction: White-Collar and Corporate Crime in Asia

In this introduction to this special issue of the Journal we broadly consider the problem of white-collar and corporate crime in Asia. Official reports from China show the pervasiveness of current problems and the inherent dangers underlying continued economic growth and reforms. We also consider evidence bearing on the idea that Japan’s remarkably low rate of common crime is likely eclipsed by the level of white-collar and corporate crime, and briefly discuss the institutionalization of economic crime in South Korea. Issues related to the lack of study of white-collar and corporate lawbreaking in Asia are also addressed. Finally, we introduce the papers and topics of this special issue, which include comparative research on cybercrime, the enforcement of intellectual property violations, accounting fraud, financial crime, and offenses in the mutual fund industry.     

The Savings and Loan Debacle of the 1980s: White-Collar Crime or Risky Business?*

This paper examines the role of white-collar crime in the savings and loan crisis. Noting economists' assertions that crime was only a minor ingredient in the crisis, we compare the explanatory power of this “minimal fraud” model to that of its “material fraud” alternative. Bringing together evidence from every major study of thrifts in the 1980s, we argue that only the material fraud hypothesis can make sense of these data. This study demonstrates the utility of deductive reasoning in distinguishing between white-collar crime and ordinary business transactions, thereby potentially contributing to prosecutorial efforts, and helping resolve long-standing methodological dilemmas confronting white-collar criminologists.     

Is occupational fraud “typical” white-collar crime? A comparison of individual and organizational characteristics

Controversy over the appropriate unit of analysis plagued the white-collar crime literature. This state of affairs was a product, at least in part, of the continued development of two distinct research traditions. Researchers interested in “occupational crime” focused on individuals, whereas “corporate crime” researchers studied organizations. As a result, assumptions persisted about the “typical” offender and organizational setting for white-collar crime. Using a sample of 1,142 occupational fraud cases, the present study addressed voids in the literature by comparing differences in individual offender characteristics (i.e., age, gender, education, and position in the organization) and organizational victim characteristics (i.e., size, type, existing control mechanisms, and revenue) for three types of occupational fraud: asset misappropriation, corruption, and fraudulent statements. The analysis revealed that individuals who committed fraudulent statements conformed to the literature's “high status” image, while those involved in asset misappropriation or corruption more closely resembled D. Weisburd, S. Wheeler, E. Waring, and N. Bode's (1991) “middle-class” offenders. Moreover, organizations victimized by corruption were similar to the literature's depiction of the large, profit-making company setting for white-collar crime, while the other two types of occupational fraud occurred in distinctly different settings. Implications for future research and fraud prevention are provided.     

And justice for all? Investigators’ perceptions of punishment for fraud perpetrators

Despite extensive financial losses and other indicators of harm, the American public and legal professionals have historically been ambivalent toward white-collar crime. Recent research demonstrates that public perceptions of white-collar crime and attitudes toward the punishment of white-collar offenders have become more punitive. Along these lines, a neglected area of research concerns those individuals who routinely face white-collar crimes: fraud investigators. Using data collected during the height of recent corporate scandals (2001–02), this study examines the perceptions of 663 fraud investigators and extends prior research by considering the influence of investigator characteristics, organizational context (i.e., size, setting, internal controls, and resource capacity), case characteristics (i.e., offense type, financial loss, and sanction), and offender characteristics on legal professionals’ general and specific punishment perceptions. Results indicate that organizational resources increase the likelihood of both outcomes. Additionally, the correlates of general and specific punishment perceptions are found to differ: government agency context influences general but not specific perceptions. Comparatively, the perception that fraud is increasing and a sanction that includes incarceration each have a significant, positive influence on specific punishment perceptions. Implications of these findings for future research and policy are discussed.

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Transnational white-collar crime and risk

Research Summary Business transactions have increasingly been crossing national borders, thereby presenting greater opportunities for white-collar crime and for the externalization of risk. The global economic crisis, resulting in part from the subprime mortgage scandal, is a prime example of this potential. To develop theoretical perspectives and practical interventions to prevent and respond to the global financial crisis, we consider similar issues of risk and white-collar crime associated with global transactions in electronic waste (E-waste). Policy Implications Smart (or responsive) regulation is a promising approach for addressing both E-waste and the current economic crisis. This response includes crime prevention, third-party- and self-regulation, and the threat of strong state intervention. Future research should explore the extent to which smart regulation reduces specific forms of white-collar crime and risk, as well as whether these interventions generalize to other transnational problems.     

Deciding to prosecute white-collar crime: A national survey of state attorneys general

In the past decade, academic research on white-collar crime has reemerged. Most of this inquiry has focused on three general issues: (1) public attitudes toward the seriousness of white-collar crime; (2) the use of government sanctions to control white-collar crime; (3) the differential and often beneficial treatment afforded white-collar criminals in comparison to traditional offenders. Little of this research has examined the prosecutorial link between occurrences of white-collar crime and the imposition of sanctions on white-collar offenders. In this study, an attempt to focus on the link that exists at the level of state attorneys general, a survey of the 50 state attorneys general was conducted. The results suggest the following: (1) state attorneys general prefer to use criminal sanctions, but use them most in cases involving individuals; (2) when organizations are involved in white-collar criminality, civil intervention is preferred; (3) the most crucial factor in the decision to prosecute and investigate white-collar crime is the seriousness of the offense; (4) the least important factors in the decision to investigate and prosecute white-collar violations are publicity aspects and political considerations; (5) state attorneys general may play an important part in the prosecution of white-collar crime because of the limited resources available in most local prosecutors' offices.     

Out of Place and Out of Line: Positioning the Police in the Regulation of Financial Markets

In November of 2003, the Royal Canadian Mounted Police launched a major initiative to combat securities fraud in Canada. Spurred by the Enron scandals in the United States, this involved the establishment of a series of specialized white-collar crime units with the express mandate of investigating serious cases of securities fraud and protecting investors from the worst of the market's abuses. After four years of activity, these units have produced little in the way of tangible results and have been widely criticized in legal, financial, and regulatory communities. Drawing on thirty-five interviews with members of these units, as well as outside stakeholders including Crown Attorneys and private litigators, this article examines the activities of these Integrated Market Enforcement Teams and highlights a number of barriers to the successful execution of their designated mandate. While factors such as procedural restrictions and limited expertise are certainly relevant, this analysis reveals that the IMET teams are more fundamentally constrained by their position in a broader regulatory field. Understanding this field, and its unique structure and politics, is essential in coming to terms with both the possibilities and limitations of securities enforcement in an increasingly complex financial world.     

Personal fraud victims and their official responses to victimization

The bulk of the research on predatory crime focuses on characteristics, profiles, and patterns of offenders. This information is important, but from the perspective of police agencies, information about the victims of predatory crimes, including victims of white-collar predatory crimes, and how they officially respond to victimization is also important. Using survey data from a random sample of 400 residents of Knox County, Tennessee, we investigated the characteristics of victims of thirteen different types of fraud. After dividing individuals into categories of non-victims, one-time victims, and repeat victims, we develop profiles of personal fraud victims by examining differences in key demographic and offense characteristics. Next, we investigate the official reporting behavior of victims. The results are instructive for police agencies as they highlight common characteristics of fraud victims and suggest methods for encouraging fraud victims to report their victimization to police.     

Tax Fraud and Selective Law Enforcement

This article presents a new conceptual framework for research into tax fraud and law enforcement. Informed by research approaches from across tax law, public economics, criminology, criminal justice, economics of crime, and regulatory theory, it assesses the effectiveness, and the legitimacy, of current approaches to combating tax fraud, bringing new dimensions to previously identified trends in crime control. It argues that, whilst the last decade has witnessed a significant intensification of measures that purportedly target tax fraud, preference has been consistently given to enforcement measures that maximize revenue gains rather than combat the fraud itself, even where the effect is to aggravate the non-revenue costs of tax fraud. These developments demonstrate a significant shift from tax fraud suppression to tax fraud management. The article concludes that this shift not only undermines tax equity and overall tax compliance, but also leads to selective tax enforcement, thus representing a significant risk to the rule of law.     

The Seriousness of Crime Revisited: Have Attitudes Toward White-Collar Crime Changed?

Social commentators have often observed that the public is indifferent to white-collar criminality. However, the growing attention that white-collar crime has received in recent years raises the possibility of changes in the public's perceptions of such violations. By replicating Rossi et al.'s survey in 1972 of the seriousness of 140 offenses, the present research presents data indicating that white-collar crime has increased in seriousness more than any other offense category, but that it is still viewed as less serious than most other forms of illegality. When different types of white-collar crime were analyzed, we found considerable variation in ratings, with high a degree of seriousness attributed to offenses involving physical harm. Further, while all categories of white-collar criminality increased in seriousness, attitudinal changes have been particularly apparent toward two types, Violent and Corporate Price-Fixing.     

抵押登记的实质

抵押登记,在我国是作为抵押合同的生效条件未规定的,并且一直表述为抵押物登记。这种立法设定带来了许多弊端, 抵押登记只是物权变动的必要前提,而不应作为合同债权成立的必要条件,同时,抵押登记是权利的登记而不是物的登记。